Fourth Amendment

Question 1

Fourth Amendment

Answer 1

Fourth Amendment protects citizens from unreasonable seraches and seizure

Question 2

Arrests and detentions

Answer 2

1. A arrest must be based on probable cause
2. Arrest warrants are generally not required arresting someone in a public place
3. A non-emergency arrest of an individual in his home does require an arrest warrant
4. Station-house detention: need full probable cause for fingerprinting or interrogation

Question 3

Investigatory detention (Terry stop)

Answer 3

1. Police have authority to briefly detain a person even if they lack probable cause to arrest. Police must have a reasonable suspicion supported by articulable facts of criminal activity
2. reasonable suspicion depends on totality of circumstances
3. Automobile stops: police may stop a car if they have at least reasonable suspicion that the law has been violated
   
   1. Exception: checkpoint road-blocks (DUI)
4. Traffic Stops and Police dogs: during routine traffic stops, a sniff is not a search so long as the police do not extend the stop beyond the time needed to issue a ticket or
   conduct normal inquiries.
   
   1. dog “alert” can form basis for probable cause
   2. police cannot use sniffing dog directly outside the home

Question 4

Searched and seizure analytical steps

Question 5

Governmental conduct

Question 6

expectation of privacy

Question 7

search warrant

Question 8

good faith defense

Question 9

exceptions to warrant requirement

Question 10

search incident to arrest

Question 11

automobile exception

Question 12

plain view

Question 13

consent

Question 14

stop and frisk

Question 15

evanescent evidence, hot pursuit, and special needs

Question 16

public school searches

Question 17

wiretapping and eavesdropping